VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

FEBRUARY 16, 2010

The Vanderburgh County Board of Commissioners met in session this 16^th day of February, 2010 at 5:08 p.m. in room 301 of the Civic Center Complex with President Stephen Melcher presiding.

President Melcher: Okay, we’ll call the Vanderburgh County Board of Commissioners to order. It’s February 16^th. It’s about eight minutes after five, in room 301 of the Civic Center. Madelyn, will you call the roll?

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Here.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: Here.

Madelyn Grayson: President Melcher?

President Melcher: Here.

President Melcher: The Pledge of Allegiance is going to be Ms. Malaster? How do you pronounce that?

Elexcia McAlister: McAlister.

President Melcher: McAlister, okay.

(The Pledge of Allegiance was given.)

President Melcher: You just go ahead and introduce yourself and what you represent, and it’s yours.

Elexcia McAlister: Well, first I want to go ahead and thank you Commissioners Tornatta, Melcher and Winnecke for giving me this opportunity and the time to speak on the census 2010. My name is Elexcia McAlister. I’m the HR Recruiting Administrator for Energy Systems Group. I’m a member of the Complete Count Committee and the social action chair for the Evansville Alumni Chapter of Delta Sigma Theta Sorority, Incorporated. Delta Sigma Theta Sorority, Incorporated is a private non-profit organization who’s purpose is to provide assistance and support through established programs and local communities throughout the world. The sorority was founded in 1913 by 22 women, students on the campus of Howard University. Collectively they wanted to promote academic excellence, scholarships and provide support to those that have been under served. We now have a national initiative to make sure that no one is counted out in the 2010 census. So, we have chapters all over the United States that are implementing programs and projects in our various communities to ensure that everyone is counted in the 2010 census. We do know that, historically, that the census is not perfect, but I do want to be here to represent those that are undercounted. Traditionally, the minorities are the ones that, out of the entire population, that is under represented. Undercounted in 1990, 8.4 million people were not counted, 4.4 million were counted twice. In 2000, 6.4 million people were counted, were not counted, and 3.1 were counted twice. So, your partnership in the 2010 census will send a very strong message to our community about the importance of the census and the benefit of being counted. The Evansville Alumni chapter is canvassing Caldwell Homes, which falls in tract 14. We’re going to be canvassing them on March the 27^th. We also want to target tracts 11 through 13, which also had a low rate of return. You’re welcome to join us on March the 27^th. We’re also planning other activities to encourage these specific tracts to return their census forms. So, some of the key messages that we’re asking the Commissioners to help us get the word out in these areas is to make sure that everyone is counted once and in the right place. Let them know that the census information is confidential. Let everyone know that cooperation is a must with the census workers, and that there are only ten questions. The ten questions should only take ten minutes. Also, that everyone’s census form should arrive in March, the beginning, the 1^st through the 15^th everyone should have their forms. There are assistance centers. There’s going to be one at the C.K. Newsome Center and also at Nativity. That’s going to be held March the 19^th through April the 19^th. Also know that all of this is just around the corner. So, we want to make certain that we get the word out and have our newer neighborhoods and those specific tracts counted. So, if you could help encourage cooperation and emphasize the confidentiality on these people that are represented in our communities. So, that’s kind of what we’re asking as far as the 2010 census is concerned. I am actually standing here in Maura Robinson’s stead as she is out of town, but I do have contact information for her if you need additional information regarding the 2010 census. Thank you. I appreciate your time.

President Melcher: Can you give us the dates again of when the centers are going to be open? The Newsome and Nativity and what times?

Elexcia McAlister: It’s, the centers are going to be open March the 19^th through April the 19^th. C.K. Newsome Center and Nativity are the sites for that. The times I do not actually have, Maura Robinson has the specific times, but she just wanted to let you know that those were the dates.

President Melcher: So, she could get us the times?

Elexcia McAlister: Uh-huh.

President Melcher: Because that’s, we’re going to need them to get that out.

Elexcia McAlister: And, I will get that to you tomorrow.

Commissioner Tornatta: Elexcia? We talked about the confidentiality–

Elexcia McAlister: Uh-huh.

Commissioner Tornatta: –and some people are a little nervous about when these people come to the door. Obviously, there is, they even take that confidentiality a step further, even with law enforcement, I mean, there is no way that the information that is given will go back to any federal agencies, or go back to any other law enforcement agencies, as I understand it.

Elexcia McAlister: Correct.

Commissioner Tornatta: So, if somebody was to fill out this particular form, they don’t have to worry about somebody else knocking on their door the next day wanting to look for them.

Elexcia McAlister: That’s correct.

Commissioner Tornatta: So, you know, I know that’s kind of tough. We never want to think that there’s an instance like that, but if there is, we want to make it well known that there is confidentiality.

Elexcia McAlister: Yes. Thank you.

President Melcher: Lloyd, do you have anything?

Commissioner Winnecke: No, thank you.

President Melcher: I just know this is a very important project for our community. All of our block grant money, and a lot of, they call it ARRA money, and everything that’s coming lately all comes off of the old census.

Elexcia McAlister: Uh-huh.

President Melcher: So, it’s very important that we get the correct number in so we can get our fair share. As we notice, a lot of times we don’t get our share out of the state, that was reported a few weeks ago in the paper, but we do need to get our fair share from the federal government and the only way we’re going to do that is to have an accurate count.

Elexcia McAlister: Yes, and that everyone is in fact counted.

President Melcher: Okay.

Elexcia McAlister: Thank you.

Commissioner Tornatta: Thank you.

President Melcher: Thank you.

President Melcher: I think we have some students with us tonight. I’ll start off with mine and let her introduce herself.

McKenzie Thomas: Hi, I’m McKenzie Thomas. I’m a sophomore at Signature.

President Melcher: Okay, thank you.

Commissioner Tornatta: We have Ryan Schultheis, I believe you are with Memorial, and Ellen Dippel, Ellen is with Memorial. Okay.

Lee Jerstad: I’m Lee Jerstad. I’m a senior at Reitz High School.

President Melcher: I want to thank them for being here this evening.

President Melcher: Okay, next we have under action items, we have the second and final reading of ordinance CO.02-10-003, repealing chapter 2.16, licensing of tradesmen ordinance. It’s repealing it because I think there is some duplication in it. It had two different copies in it. I need a motion to approve.

Commissioner Tornatta: So moved.

Commissioner Winnecke: Second.

President Melcher: I have a first and a second. Do we need any further discussion on that? Is there anybody in the audience that would like to say anything about this? Seeing none, Madelyn, would you call the roll?

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: Yes.

Madelyn Grayson: President Melcher?

President Melcher: Yes.

(Motion approved 3-0)

President Melcher: Resolution R-02-10-002 approving the amendment to the plan for the U.S. 41 and Baseline Road economic development area. It’s permission to advertise for the public hearing, for a public hearing of the Vanderburgh County Redevelopment Commission on March 3, 2010. We need the motion to read a certain way. If somebody would like to make that motion.

Commissioner Winnecke: Mr. President, I would move to adopt resolution CO.R-02-10-002 to add new projects to the economic development plan for Highway 41-Baseline Road economic development area and to give permission to advertise for a public hearing of the Vanderburgh County Redevelopment Commission on March 3, 2010.

Commissioner Tornatta: Second.

President Melcher: So, we have a first and a second. Is there any discussion? Any questions from the audience? Seeing none, Madelyn, call the roll please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: Yes.

Madelyn Grayson: President Melcher?

President Melcher: Yes.

(Motion approved 3-0)

President Melcher: Next we have a J.E. Shekell bid to purchase a property at 317 and 319 West Tennessee. The notices were sent to the abutting property owners to submit bids if interested in acquiring this property. J.E. Shekell submitted the sole proposal to acquire the property located at 317-319 West Tennessee Street for $100. If the proposal is approved, the county has provided the Commissioners with a quit claim deed conveying this property. Is there a motion?

Commissioner Tornatta: So moved.

Commissioner Winnecke: Second.

President Melcher: I have a motion and a second. Is there any discussion? Anybody from the audience? Seeing none, Madelyn, would you call the roll?

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: Yes.

Madelyn Grayson: President Melcher?

President Melcher: Yes.

(Motion approved 3-0)

President Melcher: Notice to abutting property owners to submit bids for 401 Garfield. An abutting property owner has expressed interest in the property acquired by the Commissioners.

Commissioner Tornatta: Motion to approve.

Commissioner Winnecke: Second.

President Melcher: I have a first and a second. Any discussion? Seeing none, Madelyn, call the roll, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: Yes.

Madelyn Grayson: President Melcher?

President Melcher: Yes.

(Motion approved 3-0)

President Melcher: Okay, contracts and agreements. EPA on 2007 SHSP district task force development grant for a two year period following the obtaining of all signatures in 2010 is for $113,200 for obtaining task force equipment. The county office of Environmental Management under the direction of Sherman Greer will be responsible for meeting the requirements of the grant on behalf of the Vanderburgh County as sub guarantee, grantee, excuse me. I need a motion.

Commissioner Tornatta: So moved.

Commissioner Winnecke: Second.

President Melcher: I have a first and a second. Any discussion? Sherman, do you want to say anything about it?

Sherman Greer: Not really. That’s fine.

President Melcher: Okay. Any discussion? Anybody from the public? Madelyn, do you want to call the roll, please?

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: Yes.

Madelyn Grayson: President Melcher?

President Melcher: Yes.

(Motion approved 3-0)

President Melcher: The Health Department, agreement with South Central Media for the H1N1 announcements. Under the agreement, which South Central Media will provide 80 spots urging the obtaining of the H1N1 flu shots, plus 20 public service announcements during March 2010. The cost of the agreement is $2,000 and the Health Department has funds to carry, to grant the pay of these funds.

Commissioner Tornatta: Motion to approve.

Commissioner Winnecke: Second.

President Melcher: A first and a second. Any discussion? Anybody from the public? Seeing none, Madelyn, call the roll.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: Yes.

Madelyn Grayson: President Melcher?

President Melcher: Yes.

(Motion approved 3-0)

President Melcher: Next we have the County Engineer, we’re going to have a couple of contracts here. John Stoll is going to discuss them. The first one is a contract with United Consulting for an interchange study on Millersburg Road. John?

John Stoll: That study covers an interchange justification, an interchange justification study to see if INDOT and federal highway will approve an interchange at Millersburg and I-164. The scope of work includes doing the environmental work that’s required by INDOT to get the project approved, if it can be approved, does the traffic studies and all of the assorted work that’s required. I’ve had some other discussions with United Consulting in regard to this. One of the issues is the 100 year flood elevation of Millersburg Road relative to, I mean, the 100 year flood elevation of Blue Grass Creek relative to the elevation of Millersburg Road. That will be something that’s evaluated as well. So, I think we’ve got all of the parameters covered in that scope. The amount was $210,000, and I believe it was going to take them 400 some odd days to get the work done, exclusive of review time. So, sometime next year we would have the study done, hopefully.

Commissioner Tornatta: And this justification study has to be done before INDOT would accept an interchange at that location, one, and, two, this has been approved by the Redevelopment Commission.

John Stoll: Right. It went through Redevelopment, the TIF funds would be used to pay for this study. This is just the first step. If the study gets approved by INDOT, then the county would have to follow up with design contracts and do the actual design of the interchange. Since this location lies right on the county line, there would be coordination with Warrick County. So, there’s quite a bit of work to be done, even after this study is completed, assuming that the study does say that the interchange is justified.

President Melcher: Okay, I think this is also a good, I think a lot of people don’t know, Highway 57 is number five in accidents in the State of Indiana. Talking with INDOT over the years and that, if we could get an intersection here and upgrade Millersburg Road, we won’t have the number five anymore on Highway 57 and 41. I think that’s kind of a shame that of all the busy, up in Indianapolis and different areas, we’ve got number five down here. So, if we get this interchange down the road that could help save lives in our community. I guess, we need a motion for that one.

Commissioner Tornatta: Motion to approve.

Commissioner Winnecke: Mr. Chairman, well, go ahead.

President Melcher: Okay, I’ll second the motion. Discussion?

Commissioner Winnecke: I have an issue, not with this consultant, and not with this project. I’m going to raise the same point a little later, two points down in the agenda, with another contract. Again, nothing to do with the specific consultant that’s being recommended, but we’re going to recommend using, by my math, about $1.1 or $1.2 million of money, and we’re just going to award these contracts to two consultants. We haven’t bid these out, we haven’t sought proposals, we don’t know if this consulting firm could do better on the North Green River Road project or vice versa. It concerns me that we have large contracts that we’re not putting up for bid, and I think we should, I think we should not act on these tonight until we seek proposals from all consultants who would be interested in these projects.

President Melcher: Do you have anything to say, John? In your tenure, didn’t you tell me you were here so many years, 17 years, and you’ve had, three times that you’ve done that?

John Stoll: Correct. The only recent projects that I can recall we had RFP’s on locally funded projects were the phase three design of Green River, the Baseline Road bridge, and Cross Pointe Boulevard. Other than that, off the top of my head, I can’t recall any other locally funded projects that we did request proposals on. They are required for federally funded projects, which, of course, we go through the INDOT procedures on that, so we do follow the INDOT RFP process, but on locally funded projects, traditionally, no, we haven’t had RFP’s other than those three projects.

Commissioner Tornatta: I’ve actually checked with a lot of the different firms that we’ve dealt with in the past, and none of the firms that I’ve talked to have ever practiced that type of bidding process on a local project. Not saying that it’s out of the box to do something along those lines. I just know that that has not been a practice, and I don’t, I think we have a good idea, you have a good idea of the numbers when they come back whether they are in line through other projects, and in case, I know in some of these they are actually under what has been proposed in the past from some other projects. So, I mean, I think we’ve got a good base line to know if somebody’s in line or out of line without having to do it with a state or a federal project. I mean, I don’t see any issue with moving on from here.

Commissioner Winnecke: To me it’s just a matter of transparency. I think the more competitive we make the environment, the better, the more bang we’re getting for our buck, is a phrase that we use up on this Board from time to time. I think now is no better time to start than now to make consultants earn the dollars that they are bidding for, or, in this case not bidding for, and to spend, or to commit to spend in the neighborhood of $1.1 to $1.2 million, not on this contract, $200,000 here and 900 and some odd thousand dollars in a contract a little later, without going out for bid, I just don’t think we’re doing the taxpayers service by doing it that way.

Commissioner Tornatta: Well, on the contrary, there is a lot more costs in the bidding process. So, although we think we’re getting the better bang for our buck, we might find much to the contrary that we are not going to get that bang for our buck because of the amount of money that goes into doing the RFP’s to get this thing going. I also checked with those, with a group of vendors to find out what that cost would be, and it would be substantially higher than if we would, if we go along the processes that we’ve been going on on these local projects. So, I kind of disagree with the fact that we’re going to get some better number, because it’s going to cost more to have five, six, ten groups bidding on that project, because they are going to consistently have to bid on those projects.

Commissioner Winnecke: How do we know, in this case, that American Structurepoint, which is on the agenda in a couple of minutes, couldn’t do a better job on the Millersburg Road study than United Consulting? Why do we know that United Consulting couldn’t do a better job on the North Green River Road project until we ask them to bring that information to us?

Commissioner Tornatta: I think it’s all about relationships. You have relationships with these individuals and that’s, those are the questions that you ask. How do you perceive your viability on this project? What do you think, if we’re looking at the IJ study, is this a project that is in your repertoire of skill sets? I think by talking with these companies on a consistent basis with getting, having relationships where you can go to them and ask them those questions, you do find out that information. John has dealt with a lot of these companies in the past to be able to know which companies do things potentially better than others. In fact he’s steered us to make sure that oh, that company doesn’t do bridge work, so, they might not be in the mix. Or, they’re not certified to do this particular job, so, they wouldn’t be in the mix. It helps us, because sometimes we might not know or have that relationship with a company.

Commissioner Winnecke: So, did I hear you say, or did I understand you to say that we should award the contracts based on relationships and not based on competitive pricing?

Commissioner Tornatta: No, I said that the relationships help us understand what these companies do.

Commissioner Winnecke: Then why can’t we build on that and ask them to price things competitively so we understand why company “A” can do a better job than company “B”, “C”, “D” or “E”?

Commissioner Tornatta: We are not in this....we’re not after...the, not to get twisted, because we’re very....we have a duty to find these jobs and to see if we can get these jobs done. Our goal is not to take these jobs out six months, a year through processes when we can do it quicker. This allows us to get these jobs done, to get them shovel ready, to get them on the books so that we can product out there and we can get the job done. That’s what we’re doing here. We’re not trying to stall a process–

Commissioner Winnecke: Oh, I’m not trying to stall the process.

Commissioner Tornatta: –we’re not trying....I don’t think that we’re going to save money. If we did think we would save money, I think we would choose to go a different direction.

Commissioner Winnecke: Well, first of all, I resent the fact that you think I’m trying to stall the process. I’m trying to make sure that the process is transparent...by...the process by which we’re spending tax dollars are transparent. That’s my point.

Commissioner Tornatta: I understand. I think the transparency is that this is how it’s done. Not saying it has to be done a certain way every time. This is how it’s been done because it has been transparent. It goes along the lines when you factor in cost per mile, or whatever your measure is against other projects. Many times we’ve dealt with projects and they’ve come in and we’ve said that’s not going to work, that’s too high. We know what those numbers are, and I don’t think we’re being competitive by doing what we’re saying. I think much to the converse, we’re actually going to drive the cost up.

Commissioner Winnecke: Well, okay. I disagree, but point made, I guess.

John Stoll: One thing too–

President Melcher: John, with these projects, all four of them coming tonight, you’ve already worked with them, right?

John Stoll: Yes.

President Melcher: They’re all ready to go as of right now?

John Stoll: Well, by worked with, do you mean as far as reviewed the contracts?

President Melcher: Right.

John Stoll: Yes. The Structurepoint contract, for example, through some changes that I worked on with the County Attorney’s office, it’s 220 something thousand dollars lower than what it was initially submitted at. In regard to the RFP issue, I know that, I guess it really doesn’t affect either side of the argument, when we did the RFP’s for Baseline, Cross Pointe and Green River, I believe we didn’t get prices, estimated design fees from the consultants until we held the presentations. I believe there were four or five different consultants who came down and did the presentations, and I believe in two of the three cases the fees were, the selection was for the consultant that provided the lowest fee, but, I know in one of the cases it was not the lowest fee after listening to the presentation. So, it didn’t necessarily end up being a low bid situation. Likewise you could hear the discussions from the various consultants. So, it didn’t play out to like when David opens up bids where we said, okay, low price, this is what we’re taking. Even with the presentations that we had over next door in the meeting room. So, that’s the only experience I had to draw off of in regard to locally funded RFP’s.

Commissioner Winnecke: And, how were these two consultants selected?

John Stoll: Going back to discussions with Commissioner Tornatta and Commissioner Melcher, trading e-mails, that’s the direction that I thought we were headed, and that’s when I started working on the contracts with the two consultants. Back in, I guess it was early January, I believe, I sent all three of you an e-mail with a list of all the upcoming projects that we needed to hire consultants on. These were two of the projects. We’ll also have Millersburg Road, we’ll have the Maryland Street bridge design, we’ll have the University Parkway corridor study, we’ll have whatever work that the county ends up dealing with in regard to the new school site, which I believe at this point will probably be some work at Baseline and 41. So, it was just a list of all of those projects that I believe it was the first week of January that that went out. After that that’s what lead into these two contracts being submitted.

Commissioner Winnecke: Thank you.

President Melcher: Well, when you sent that out, that’s when you and I started talking about them. I was asking you some of these same questions, that’s why I knew that you said in your 17 years this has only happened three times. I’m not saying we can’t do that down the road. Maybe that’s something that we need to look at, but I think as of right now as you have already worked with them and it’s moving forward, so I think that’s probably what we should be doing this evening.

John Stoll: One of the main complaints that I’ve heard about, I’ve heard from consultants over the years in regard to RFP’s is if they don’t really feel like it’s open and available, that it’s, they’re throwing their name into the hat for a project that’s already designated for a particular consultant. That’s when it gets back to the waste of funds, because they spend a significant amount of time and money putting their proposal together, and then there would be even more cost associated with coming down to do a presentation. That’s where some of the consultants have expressed concerns about the RFP process, if it’s not truly open and available. So, we can always put out an RFP, that’s not a problem. It’s just traditionally, in fact I don’t believe INDOT’s procedures even allow you to request the price in the proposal. I believe that all is strictly negotiated after the selection. So, like I said, it wouldn’t be a situation where you could turn around and have the County Attorney open a bid and say, we’re going to award it to this lowest priced consultant.

President Melcher: It’s usually not the lowest a lot of times. At least that’s what I’ve tried to find.

Commissioner Tornatta: Well, I mean, I don’t know if I agree with that. The one thing that the Commissioners and the engineer will do is to make sure that the price is within a range that is affordable and acceptable for the project. I mean, that’s–

President Melcher: No, and I understand, but what I guess I mean by that is that sometimes you’ve got some people, if one is lower just because they low balled it, and then somebody else has done everything in the work, like that one project we had before us on trending, you know, there was such a big difference in there, we found out later that there was stuff left out. That’s kind of what I’m bringing up. Sometimes, you know, and a history of working with people too. I think it’s something that has merit. I think that’s something maybe we could look at, but I would like to go ahead and move on unless there’s any more discussion. Seeing none, we’ve already got a motion on the first one. A first and a second. Any discussion from the public? Seeing none, Madelyn, call the roll.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: No.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: Yes.

Madelyn Grayson: President Melcher?

President Melcher: Yes.

(Motion approved 2-1. Commissioner Winnecke opposed.)

President Melcher: Next is a supplemental agreement number four for Bernardin Lochmueller and Associates design engineering for phase two and three of University Parkway. I need a motion.

Commissioner Winnecke: So moved.

President Melcher: I’ll second it. So, do we have discussion?

Commissioner Tornatta: Yeah, I just do have one point. We started this project at $488,000, and now we’re in our fourth change order, and now it’s up to $702,000. My only issue is, you know, when do we watch these change orders and say no? I mean, another $20,000 dinger, at this point, on a project that banks it up to $702,000. I mean, the three change orders prior to this, and here’s the fourth one. So, I mean, you know, when do we say whoa?

Commissioner Winnecke: I think your point is well made, and I think, I can’t speak to the three previous agreements, but to this one it’s an INDOT mandated change and process which changes the scope of the previous agreement with the consultant. That’s why I support it.

President Melcher: That’s what I found out too. Is that true? Is it an INDOT request for them to do more?

John Stoll: They changed–

President Melcher: Because INDOT keeps changing the rules during the game?

John Stoll: INDOT changed the pavement design procedure, and because of that this new analysis had to be done. That was a part of this supplemental agreement. Then the other part was the shop drawing review, INDOT has changed their procedures on that as well to where the original design consultant is supposed to take care of the shop drawing review. That’s an off shoot of their new local public agency guidance manual. So, in effect, they’re both results of INDOT issues. If I thought the consultant had made some errors that resulted in this, I certainly wouldn’t have brought it to you with any recommendation to get it signed. Likewise, I understand that these contracts get pricey. This one is significant.

Commissioner Tornatta: Yeah, they’re at $680,000, I think they could take care of this as a measure to the county. I think we’ve extended plenty.

President Melcher: Okay, any further discussion? Anybody in the audience? Madelyn, call the roll.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: No.

Madelyn Grayson: President Melcher?

President Melcher: Yes.

(Motion approved 2-1. Commissioner Tornatta opposed.)

President Melcher: Next we have the agreement with American Structurepoint, Inc. for the design engineering right-of-way services for Green River Road and Surrey Way to Kansas Road. John? Well, let me get a motion first.

Commissioner Tornatta: Motion to approve.

President Melcher: Second. I guess I’m seconding them all tonight. Go ahead.

John Stoll: That agreement covers the design of Green River Road between Millersburg Road and Kansas Road, and it also covers the right-of-way engineering and acquisition services for that same section. The right-of-way portion of this contract, and the total contract amount was $956,890, is over half a million dollars. Just taking a preliminary count based on the number of parcels, we think there are more than 70 right-of-way parcels that could be affected. Ultimately, the billing rates will only reflect the right-of-way parcels that are ultimately acquired by the county. So, that number is strictly an estimate based on counts off the, property counts off the GIS website. About half the contract, slightly over half the contract is right-of-way, and the other is for the design. Like you had said previously, in comparison to previous, the previous sections of Green River Road, this is slightly higher. It’s, I believe it’s around $400,000. The previous section of Green River, section three, was around $300,000. I believe Cross Pointe, when it was done, was around $300,000. All of the sections were roughly a mile, but this is 2010 and those contracts were originally set up in 2006, and there are a lot more side road intersections that require some additional design work on this phase of Green River than what was done on the prior sections. So, after working with the consultant and we got the fees changed, I think we’ve got a contract that reflects what needs to be done and the prices seem to be fair.

Commissioner Tornatta: That was done, as you said, there were two issues, one was we believe that they were high on their contract price, we addressed that, then once we looked at it they did have the side streets and there were more issue based monies spent in those cross section areas that weren’t spent, didn’t have to be spent on the other section.

John Stoll: Right, and we also have potential mitigation issues as well. There are cattails growing out in the ditches, which means we get to go do the investigation. So, that was another aspect that was in this. So, there’s a number of different things, but all in all after we got the fees, and the fees have changed, like I said, it’s over $200,000, so, I think we’ve got the best contract we’re going to get.

President Melcher: Any further discussion?

Commissioner Winnecke: I would just reiterate the previous point. I don’t want to beat a dead horse, but needless to say if I didn’t care to award a $210,000 contract without any competitive review, obviously, I would feel even more strongly about a $956,000 contract that’s being awarded without any more public scrutiny than what we’ve allowed thus far.

President Melcher: Any further, anybody from the audience? Madelyn, call the roll, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: No.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: Yes.

Madelyn Grayson: President Melcher?

President Melcher: Yes.

(Motion approved 2-1. Commissioner Winnecke opposed.)

President Melcher: Agreement with Cripe Architects and Engineering for construction inspection of Burdette-USI bike and pedestrian trail.

Commissioner Tornatta: Motion to approve.

Commissioner Winnecke: Mr. Chairman, I’ll second that motion, and just with the caveat this is different than the previous, any of the previous three. This is one where the three of us and our County Engineer scored competitive letters of interest some time last spring or summer. We each scored them through an INDOT scoring system, and this is the firm that was selected to be the most qualified for this project, which I think is a great way to go about it. So, that’s why I’m going to vote in favor of this tonight.

President Melcher: And the scoring system, this has got some federal money in this project–

Commissioner Winnecke: Correct.

President Melcher: –so that’s why. It’s a mandated scoring system.

John Stoll: Right, we had to go through the INDOT RFP process in order to be eligible for the federal funds.

President Melcher: Any further discussion? Seeing none, anybody from the audience? Madelyn?

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: Yes.

Madelyn Grayson: President Melcher?

President Melcher: Yes.

(Motion approved 3-0)

President Melcher: Okay, under department heads, do you have anything left?

John Stoll: Yes, I’ve got a couple of things. First, I’ve got the Mylar cover sheets for section three of University Parkway. We just need to get those signed so the plans will be ready to submit to INDOT. Right now there’s another round of stimulus money that’s potentially going to be out there. It’s called the Jobs Fund, and if that becomes available we want to make sure that we’ve got all of the plans ready to go. So, hopefully, we can get some of those funds, because, once again, they are 100% federal. Anything we can get 100% federal would save the county’s 20% local match.

President Melcher: You need a motion on that, right?

John Stoll: Yeah.

Commissioner Winnecke: So moved.

Commissioner Tornatta: Second.

President Melcher: We have a first and a second. Any discussion? Anybody in the audience? Seeing none, Madelyn?

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: Yes.

Madelyn Grayson: President Melcher?

President Melcher: Yes.

(Motion approved 3-0)

John Stoll: Then I also have the Mylar cover sheet for the First Avenue bridge over Pigeon Creek. Those plans should be ready for bidding next month. I need your signatures on that, so that way we’ll be ready to go on getting that done. It is all locally funded, so we’re not submitting anything to INDOT, but based on the preliminary estimates the Bridge Fund, the funding that we have in that account through the Cumulative Bridge Fund will be sufficient to cover the project.

President Melcher: Okay, we need a motion.

Commissioner Tornatta: So moved.

Commissioner Winnecke: Second.

President Melcher: We have a first and a second. Any discussion? Anybody in the audience? Madelyn, call the roll, please.

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: Yes.

Madelyn Grayson: President Melcher?

President Melcher: Yes.

(Motion approved 3-0)

John Stoll: The last item that I have is a claim for $202,467.83. That’s from INDOT, and that’s for the county’s 20 percent local share of the bike path construction between Burdette Park and USI. This is for phase two which runs from roughly Broadway Avenue up onto USI’s campus. We just received the invoice from INDOT today, so that’s why it didn’t make it on the consent agenda. I just need your approval on that, and we’ll get the check sent to INDOT this week.

Commissioner Tornatta: So moved.

Commissioner Winnecke: Second.

President Melcher: Any further discussion? We want to make sure they get their money. Anybody from the audience? Madelyn?

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: Yes.

Madelyn Grayson: President Melcher?

President Melcher: Yes.

(Motion approved 3-0)

John Stoll: That’s all I have.

Commissioner Winnecke: Thanks, John.

President Melcher: Thank you.

John Stoll: Thanks.

President Melcher: Chris, you’re sitting in the front row. I thought you might want to be next.

Chris Walsh: Chris Walsh, County Highway Department. I didn’t really have anything specific, other than to try and bring you up to date on the weather and our salt supplies and that. I just got off the phone with one of my foreman, and apparently we’ve got another weather system headed our way this weekend, which could or could not be potentially a pretty good sized storm. I think we’ll make it through this storm, and I have some salt left on our State contract. I’ve also been thinking about the idea since early on, we ordered some de-icing agents at a good price, that if we get in a situation where I cannot get anymore salt, which, you know, with the national 49 states with snow on the ground, and states that have never had any snow on the ground buying salt, there is the potential we may not get anymore salt other than what we had contracted for. This product should give me, towards the end of the season when the temperatures should be up, if we get hit with another couple storms, the ability to de-ice the roadways and get them safe. So, we’re looking at that. I’m going to get some of that product in tomorrow, and we’re going to take some little side roads and just kind of experiment with it and make sure it’s up to what we think it will do for us. So, other than the fact that...and we’re still looking. I’m contacting the city, and, Dennis Hudnall and myself and we’re trying to get anymore salt that we can. So, we still have some hope out there that we might be able to, I’m operating under the assumption that I won’t be able to.

Commissioner Tornatta: Chris, where do we sit on overtime?

Chris Walsh: I haven’t run the numbers yet. It wasn’t too bad until these last two events. They happened....but we should still have plenty of money in our overtime accounts, but we’re getting close to the end.

Commissioner Tornatta: Okay.

President Melcher: I know you and I have talked about trucks breaking down–

Chris Walsh: Yeah.

President Melcher: –and we’re short a mechanic.

Chris Walsh: I’m glad you brought that up.

President Melcher: We upgraded a mechanic.

Chris Walsh: One thing I think I would be remiss if I didn’t say what a good job I think all the men and women did out at the county, from the operators, the laborers and the truck drivers. It’s a dangerous, there’s a certain amount of danger involved in driving late at night, on a terrible road, with no visibility. So, I would like to give them the credit, because they are the ones that are really out there doing the work and getting the job done for everyone.

President Melcher: That’s how I was going to end mine. So, you done it for me. Give us an update on the accident. How is our employee?

Chris Walsh: What limited knowledge I have about all of the specifics, about midnight we had one of our trucks was involved in an accident. The truck went into the ditch, and has since, we have yet to get a formal evaluation, but the truck is, obviously, in my mind totaled out.

Commissioner Tornatta: It’s totaled.

Chris Walsh: So, it’s taken out of the fleet, which we’ve had to make some adjustments and that. So, we’re going to try and get into the insurance phase of this and try to get a new truck for the county. We really need one desperately.

President Melcher: No, I understand, and the employee?

Chris Walsh: We had one of our past employees passed away, so the gentleman I was using for a mechanic, on a temporary basis was not available to me through these last two events. So, it’s really put us short handed and short on equipment, but we’re making it through, but I will be coming to try and get at least one more new truck. Maybe we’ll get that covered under the insurance.

Commissioner Tornatta: Did you, have you received, I think you’ve received something from a mechanic or two, have you not?

Chris Walsh: Yes.

Commissioner Tornatta: Okay.

Chris Walsh: There’s been some interest, and I would like to, if it’s possible, as soon as we get through this weather, I would like to sit down and see what we could do to get that job filled. We’re really stretching everybody pretty thin.

Commissioner Tornatta: I mean, I would recommend that we send a message to the Council to get that mechanic position filled. That’s an important position, especially when we’re dealing with situations like we have, and if we have some people who have been laid off that might be pretty–

Chris Walsh: The upside is–

Commissioner Tornatta: –good mechanics.

Chris Walsh: – in a down economy like this, there are some very specialized and talented people out there that we might be able to take advantage of in filling our spot.

Commissioner Tornatta: Well, I send them all to you.

Commissioner Winnecke: So, you do have some qualified candidates?

Chris Walsh: Yeah, we’ve got, we’ve had some interest. There’s been just, I guess, through word of mouth people knew that there was the potential for an opening. I’ve had some interesting applications come across the desk.

Commissioner Winnecke: I would agree with Commissioner Tornatta, we need to make an overture to the Council that we fill that right away.

President Melcher: Yeah, I brought that up I think at our last meeting, and I think it’s time to do that. Especially now, because you even said that a couple of trucks broke down the other night and you were fighting to get them back on the road.

Chris Walsh: Yeah, we’re really stretched. I mean, everybody is doing a great job.

President Melcher: Being a truck short, that’s not going to help you out. Your crew did a good job, it really did. You know, I think it all starts at the top, from the leadership down. You deserve a lot of thanks too to keep it going. I know when you call me at 2:00 a.m. in the morning and wake me up, I know you’re out their doing it.

Chris Walsh: I called you first.

Commissioner Winnecke: He’s the President.

President Melcher: I know, and then I told him to call the other two, but I said give them a little bit more sleep.

Commissioner Tornatta: He knew better.

President Melcher: I said give them a little more sleep yet. I said, don’t wake them up at 2:00.

Commissioner Winnecke: Sometimes it’s good just to be the Member.

Commissioner Tornatta: That’s right.

President Melcher: That’s right, but I do appreciate what you’re doing out there and that, but I think we could send something. I guess it would be–

Chris Walsh: I’ll keep you all up to date on the availability of any more salt. We still have some left on our contract. So, we’ll make it through this weekend, and if this other product works like I think it will, we’ll use it the rest of the season if that’s what we have to do, and we’ll get through.

Commissioner Winnecke: Thanks, Chris.

Commissioner Tornatta: My request was in the form of a motion.

President Melcher: Okay.

Commissioner Winnecke: Second.

President Melcher: And yours was in the form of a second?

Commissioner Winnecke: Very good.

President Melcher: Any further discussion? Madelyn?

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: Yes.

Madelyn Grayson: President Melcher?

President Melcher: Wholeheartedly yes.

(Motion approved 3-0)

Chris Walsh: Thank you.

Commissioner Tornatta: Alright.

Commissioner Winnecke: Thanks, Chris.

President Melcher: Thank you.

President Melcher: Steve, do you have....okay.

Steve Craig: Steve Craig, Manager of Burdette Park. The one thing that I wanted to bring up is that I’m going to appear before the Council at the next Personnel and Finance meeting about hiring of part time employees out at Burdette this year. When they had the hiring freeze, they did include part timers in it. So, we’re going to go...I’ve talked to several of the Councilmen and discussed on how to proceed with hiring back our part time employees for the summer. At this time I was just wanting to advertise a little bit and tell anybody if they’re looking for a part time job this summer and that, that we will be hiring. We have all available positions from concessions to lifeguards to ground crew to office help. So, anybody that’s looking for a job, we’re going to have some open. Then, the other thing that I have is on the consent items, but I didn’t know if you guys had any questions on the project sheet.

President Melcher: I don’t. Do you have anything on this?

Commissioner Winnecke: No.

President Melcher: No?

Steve Craig: That would be it.

President Melcher: Thank you.

Steve Craig: Thank you.

President Melcher: Health Department? Nothing? Okay. Any other department heads? I don’t think I see any more.

President Melcher: Any new business?

President Melcher: Old business? There’s one about the road hearing on March the 3^rd at 6:00 p.m. at Assembly Hall at USI, USI Career Tech Center on Lynch Road. Any questions?

Commissioner Tornatta: It was the same place it was last year.

President Melcher: Yep.

Commissioner Tornatta: What we would ask is those who want to bring a road project to that particular area, just have the specifics and the addresses, and we would be happy to bring it up on the screen, talk about it, and let all of the appropriate individuals know about it at that time. Then we can see if we can get it on the schedule. It’s a pretty seamless process. Last year it was very fruitful to find out where the areas of concern were, and I think we addressed a couple of major areas that were not brought to our knowledge before hand. So, it’s very informative. We invite everyone to come out.

President Melcher: The only thing I was going to bring up just quickly is that our, at 5:30 on the 23^rd is going to be the first meeting, right here in this chambers, of the county and city government reform committee. So, we would just like everybody to be coming if they would like to. It’s going to start right here, and hopefully they will be able to get started, and we’ll just see what happens with that committee.

Eldon Maasberg: Could you repeat that?

President Melcher: It’s going to be the 23^rd at 5:30, that’s a week from today, on Tuesday night, here in this building. I’m going to ask them to have all of their meetings in the evening when it’s accessible for people to come.

Eldon Maasberg: That’s the committee that’s doing the consolidation?

President Melcher: Yes, sir.

Eldon Maasberg: Thank you.

President Melcher: Any public comment?

Eldon Maasberg: I suppose I want to say something.

President Melcher: As always you have to state your name for the record.

Commissioner Tornatta: That’s ol’ Eldon.

President Melcher: I mean, we know, but for the record.

Eldon Maasberg: My name is Eldon Maasberg. I live out in Armstrong Township. I hope all of you’s took a good look at the roads, because the county done a heck of a lot better job than I have seen right here in the city. Another thing I was going to mention, since I bid on ditches, it’s odd that for $300 I have to bid on, then you pass out these here what you call other stuff, for no bids at all. And you’re running up literally hundreds of thousands of dollars. It don’t seem right. Thank you, Lloyd.

Commissioner Tornatta: Things aren’t what they seem.

President Melcher: Any other public comment?

President Melcher: Consent items. Is there a motion?

Commissioner Winnecke: Motion to approve.

Commissioner Tornatta: Second.

President Melcher: Okay, and, Madelyn, do you want to read them? I think there’s one late one that was added.

Madelyn Grayson: The consent items for the February 16^th meeting are as follows; approval of the February 2, 2010 Commission meeting minutes, and the February 16, 2010 executive session summary minutes; employment changes, there are two for the Health Department and one for the County Highway that the Commissioners will be approving this evening; Union Township Trustee 2010 standards; Burdette Park winter and spring 2010 projects; the County Treasurer, January 31, 2010 year-to-date report; there are three surplus request letters for various office furniture and equipment, one from the County Clerk, one from the Health Department, and one from the County Engineer; AMR has a fourth quarter, it says 2010, I think it should be 2009 report of income and expenses; EMA has a letter appointing Sherry Fetters to the District Planning Council for the Indiana Homeland Security District 10; the Sheriff has an equitable sharing agreement and certification; there are department head reports from the County Engineer and Burdette Park; and the late request for extension of payment of back taxes to March 1, 2010 for 1518 South Governor Street.

President Melcher: Any discussion? Will you call the roll, Madelyn?

Madelyn Grayson: Commissioner Winnecke?

Commissioner Winnecke: Yes.

Madelyn Grayson: Commissioner Tornatta?

Commissioner Tornatta: Yes.

Madelyn Grayson: President Melcher?

President Melcher: Yes.

(Motion approved 3-0)

President Melcher: Is there any further business to come before the Commissioners? Okay.

Commissioner Winnecke: I’ll move to adjourn.

Commissioner Tornatta: Second.

President Melcher: All in favor say aye.

All Commissioners: Aye.

President Melcher: Opposed? Thank you. We stand adjourned at 6:00.

(The meeting was adjourned at 6:00 p.m.)

CONSENT ITEMS:

Commissioners:

Approval of the February 2, 2010 Commission Meeting Minutes.

Approval of the February 16, 2010 Executive Session Summary Minutes.

Union Township Trustee 2010 Poor Relief Standards.

AMR 4^th Quarter 2009 Report of Income and Expenses.

Request for Extension of Payment of Back Taxes to 3/1/10: 1518 S. Governor.

Employment Changes:

Health Department (2)              County Clerk (1)                       VCCC (4)

Sheriff (6)                                  Auditor (1)                                 Circuit Court (1)

County Highway (1)

Burdette Park: Winter and Spring 2010 Project List.

Treasurer: January 31, 2010 Year-to-Date Report.

Surplus Request Letters:

County Clerk: various office equipment.

Health Department: various office furniture and equipment.

County Engineer: one 13" Compaq monitor.

Sheriff: Equitable Sharing Agreement and Certification.

Department Head Reports:              County Engineer             Burdette Park

Those in Attendance:

Stephen Melcher                      Troy Tornatta                            Lloyd Winnecke

Bill Fluty                                    David Miller                               Madelyn Grayson

Elexcia McAlister                      McKenzie Thomas                    Ryan Schultheis

Ellen Dippel                              Lee Jerstad                               John Stoll

Chris Walsh                              Steve Craig                               Eldon Maasberg

Sherman Greer                         Others Unidentified                   Members of Media

VANDERBURGH COUNTY

BOARD OF COMMISSIONERS

Stephen Melcher, President

Troy Tornatta, Vice President

Lloyd Winnecke, Member

(Recorded and transcribed by Madelyn Grayson.)